Is military disability compensation be used to figure alimony?

I do not practice in Delaware. Therefore, I cannot inform you as to the specific laws of Delaware.

While it is true that VA Disability benefits are not property that can be divided upon divorce, many Courts still take the benefits into consideration when determining your income for the purposes of calculating alimony.

For example, if you had earned a different type of military benefit during your marriage, such as retirement, the Court may have considered the retirement benefits property, given the retirement a monetary value, and used that value as part of the property division in your divorce, even possibly awarding your wife a portion of the benefits as her own.

Under Federal law, Courts cannot consider VA Disability benefits as property to be divided upon divorce in that manner.

However, when setting alimony, many Courts look to any and all sources of income to determine how much alimony to order, including any VA benefits.

Rachel A. Brucks is a Staff Attorney in the Fort Worth, Texas office of Cordell & Cordell where she practices domestic relations exclusively. Ms. Brucks is licensed in the state of Texas. Ms. Brucks received her Bachelors degrees in English and Political Science from the University of Texas at Arlington. She received her Masters in Literature and Gender Studies from Texas State University, San Marcos; and received her Juris Doctor from Southern Methodists University, Dallas.

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